Landlords cannot remove renters by force. Instead, legal action called an "Eviction Summons" is brought against the tenant. In Minnesota eviction actions are conducted in District Court, except in Ramsey and Hennepin Counties, which have Housing Courts. Eviction cases are public records that may affect a persons' ability to rent housing for many years.
If you receive court papers for an eviction, follow these steps:
- Call for help immediately. If you have a low income, call your local Legal Aid Office or the Tennant's Union. You don't need a lawyer to fight an eviction, but it can help.
- Don't be late or miss the court hearing; you will lose by default. Even if you have no defenses to the eviction, you can ask the court to give you seven days to move.
- If you owe rent, you must bring all the money to court, plus the landlord's filing fee. For example in Anoka County, it is $245. There may also be late fees.
- If you withheld rent because of repair problems, you must bring all of the rent money to court. Bring copies of all inspection reports issued by local agencies. You should not need the filing fee or late fees. Ask the court to order repairs and give you some of your rent money back.
- Try to settle the case. See if you can work out a deal with your landlord. If you owe rent, try to set up a payment plan. If a deal is made, put it in writing, have both of you sign it, and bring it to court on the hearing date. Ask the court to approve it. Don't skip court, even if you have made a deal. The landlord may show up without you and get an eviction order.
- If you do get evicted or you have an old eviction that prevents you from getting housing, ask the court to "expunge" the eviction case. Expungement means sealing the public record. It may be granted in cases when the landlord brought a bad eviction case and it would be unfair to let it remain on your record. If the renter was at fault the eviction will not be expunged.
In addition to Legal Aid offices, help may be available from your countys' public assistance office, or mediation services. The Minnesota Attorney General's Office publication "Landlords and Tenants: Rights and Responsibilities is available by calling 651.296.3353 or 1.800.657.3787.
| Title: |
Renting: Eviction Rights |
Number: |
802 |
| Script writer: |
Rosemary K. Heins |
Source: |
Judicare of Anoka County; U of MN Extension Service |
| Date: |
2001/03 |
Reviewer: |
Floyd Pnewski, Marilyn Bruin |
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